told the HLC that during the same hearing, X first
confirmed that he had been sexually abused, and
then, after a break, denied the accusations. Only the
retractions were reflected in the court’s records. A
few weeks later, X contacted W and told her that his
parents had forced him to modify his testimony.
Aleksandar Janković, Maksim Petrović and Vojislav
Brajković who were the three other men involved in
the sexual abuse. It also informed Vera Miscevic, the
child’s guardian, that she could take over the
criminal prosecution within eight days. On 16 May
2003, Vera Miscevic gave a power of attorney to the
HLC which made another request for a more
comprehensive investigation which would cover all
five men. On 10 June 2003, she revoked it. As a
result, the HLC’s request was rejected on 18 June
2003 on the ground that it was not authorized to
make such a request. The author filed an appeal with
the Court of Appeal Section of the Pozarevac
District Court which annulled on 27 June 2003 the
decision to terminate the investigation and ordered
that it be extended to include all five men. On 29
July 2003, Vera Miscevic granted again a power of
attorney to the HLC. On 12 August 2003, she
revoked it again and for the last time. From then on,
the HLC was barred from participating in the court
proceedings and denied access to the case file. On 19
November 2003, the District Court suspended the
investigation because the Centre for Social Work,
citing the victim’s state of health, decided not to
pursue the case any further.
2.5 X’s story of sexual abuse received extensive
media coverage. From January 2003 to June 2004,
many articles appeared in the national printed media,
focusing among other things, on the public outrage
concerning the incident, the closure of criminal
proceedings, the intimidation of witnesses and the
suspected collusion between the alleged perpetrators
and Government officers.
2.6 According to the author, from November
2002 onwards, eyewitnesses and other A residents
were threatened and bribed to keep silent about the
sexual abuse of X by a group of local criminals. In
December 2002, X’s father received a telephone call
from Miodrag Radović who offered him money if
the boy changed his story. W, the nurse who testified
on two occasions, received many threats. On 28
October 2004, the author submitted a request to the
Chief of Public Security at the Ministry of Internal
Affairs for police protection for W. This request
went unanswered and the threats continued. W then
also sought protection from the Chief of Police in
Pozarevac, a nearby town. This request was denied.
2.10 The HLC continued to monitor X’s situation
after August 2003, but had no information as to the
timing or the conditions, if any, attached to the
reinstatement of parental authority or whether the
Centre for Social Work in A or Požarevac continued
to exercise some supervisory responsibility over the
child. According to the State party, the Municipal
Court of A reinstated parental authority on 17
September 2004.
2.7 In separate legal proceedings, X’s parents
were convicted of severe neglect of parental
responsibility on 27 March 2002 and stripped of
their parental rights by the Municipal Court of A on
28 January 2003. X and his five underage siblings
were taken into care on 3 February 2003 and Vera
Miscevic, a social worker at the Centre for Social
Work of A, was appointed as their legal guardian.
The complaint
3.1 The author claims a violation of article 7,
taken alone and read in conjunction with article 2,
paragraphs 1 and 3, of the Covenant. It submits that
rape and other forms of sexual assault constitute
treatment in violation of article 7. 1 In the present
case, the treatment suffered by the victim clearly
constitutes a cruel, inhuman and degrading
treatment, especially in the light of his personal
circumstances such as his age, his membership of the
Roma group, his low mental ability and unstable
emotional state. The State party should have
investigated the incident promptly and impartially,
and identified and prosecuted the perpetrators.
2.8 After the charges were dropped by the Office
of the Public Prosecutor on 10 March 2003, the
victim was given eight days to initiate a private
prosecution. The author did so, on his behalf, on 18
March 2003. At a hearing before the investigating
judge on 1 April 2003, four additional witnesses
were heard. Three of them confirmed that X had
been sexually abused. On 9 April 2003, X’s parents
sought to withdraw the power of attorney from the
HLC and abandon the private prosecution. However,
by then, they had lost their parental rights over X.
The HLC believes that X’s parents have received
some benefit in exchange for convincing their child
not to pursue criminal proceedings against his
abusers: the child’s father spoke publicly about
having been offered something if the child dropped
his accusations. Shortly afterwards, the family home
contained new furnishings which the parents were
formerly unable to acquire.
3.2 In addition or in the alternative, the author
alleges a violation of the victim’s right to privacy as
protected by article 17, taken alone and read in
conjunction with article 2, paragraphs 1 and 3. It
recalls that the Committee’s jurisprudence
1
See communication No. 981/2001, Casafranca de
Gómez v. Peru, Views adopted on 23 July 2003, paras. 2.2
and 7.1.
2.9 On 7 May 2003, the Office of the Public
Prosecutor rejected the HLC’s request to investigate
30
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